Argentina - Concluding observations of the Committee on the Elimination of Racial Discrimination - Consideration of reports submitted by States parties under article 9 of the Convention [2001] UNCERDCO 16; CERD/C/304/Add.112 (27 April 2001)

CONSIDERATION OF REPORTS SUBMITTED BY
STATESPARTIES UNDER ARTICLE 9 OF THE
CONVENTION

Concluding observations of the Committee on
theElimination of Racial
Discrimination

ARGENTINA

1. The Committee considered the fifteenth periodic report of Argentina
(CERD/C/338/Add.9), which was due on 4 January 1998, at its
1439th and 1440th meetings (CERD/C/SR.1439 and 1440), held on 6 and 7 March
2001. At its 1457th meeting (CERD/C/SR.1457), held on
19 March 2001, it adopted
the following concluding observations.

Introduction

2. The Committee welcomes the report submitted by Argentina and appreciates
the supplementary updated information provided by the
delegation orally and in
writing, and also its detailed and frank answers to the questions and comments
formulated by members of
the Committee.

Factors and difficulties impeding the implementation
of the Convention

3. The Committee notes that Argentina is still experiencing a difficult
economic situation. In particular, this situation affects
vulnerable population
groups, such as indigenous groups, and immigrants from neighbouring countries,
many of whom are undocumented.
This economic situation also results in
budgetary constraints for government agencies responsible for combating racial
discrimination
and taking measures in favour of the most vulnerable groups.

GE.01-41543 (E) 310501

Positive aspects

4. The Committee welcomes the measures to strengthen the National Institute
to Combat Discrimination, Xenophobia and Racism (INADI).
It also welcomes the
activities of the Institute, such as the organization of training seminars for
primary and secondary school
teachers to embrace pluralism, training courses for
law enforcement officials and publicity campaigns in the media, and the
establishment
of a mechanism to receive complaints and take action thereon by
mediating and intervening in the courts.

5. The Committee welcomes with satisfaction the measures designed to give
greater autonomy to the National Institute of Indigenous
Affairs, to build its
capacity and to elaborate a national plan for indigenous peoples. It notes with
interest the progress made
thus far by the Institute in the context of the
programme to transfer estate land to the indigenous communities that have
traditionally
occupied it.

Concerns and recommendations

7. The Committee notes that the Government’s plans to hold an updated
census which would, inter alia, take into account information on
membership of indigenous groups, have not been sufficiently resourced. The
Committee encourages
the Government to take the measures necessary to hold the
census as soon as possible.

8. The Committee notes the absence in the periodic report of detailed
information concerning the representation of indigenous peoples
in the civil
service at the federal and provincial levels, the police, judicial system and
Congress. It also notes the lack of information
on the extent to which these
segments of the population enjoy economic, social and cultural rights. The
Committee reiterates its
request to the State party to include in its next
periodic report detailed information on the abovementioned aspects.

9. The Committee notes with concern a statement made by the State party that
the territories in which indigenous peoples have settled
coincide with the areas
with the highest index of unmet basic needs, and that the poverty and
unemployment indices among indigenous
populations and other vulnerable groups
have risen as a result of the economic crisis. The Committee recommends that
the State party
take steps to alleviate this situation and that it keep the
Committee informed thereon.

10. The Committee also notes with concern that, although progress has been
made regarding consultation with indigenous peoples so
that they may participate
in decisions which affect them with a view to securing their agreement, there
are still situations in which
consultation and participation do not occur. The
Committee recommends that the State party find ways and means to facilitate such
participation.

11. The Committee further notes with concern the difficulties that arise in
some cases of transferring estate land to indigenous peoples
due, primarily, to
the existence of individual title deeds and to the conflict of jurisdiction
between the national and the provincial
governments. The Committee recalls the
relevant provisions of its General Recommendation XXIII and recommends that
steps be taken
to overcome these difficulties.

12. The Committee notes with concern the lack of a social security system
which takes into account the specific needs of indigenous
peoples and recommends
that steps be taken in that regard.

13. The Committee is concerned by the existence of xenophobic attitudes
towards immigrants, primarily those from neighbouring countries,
asylumseekers
and persons of African descent. These attitudes, which are manifested even in
some of the media, seem to have increased
as a result of the present economic
crisis and have given rise, on occasion, to violent incidents. The Committee
recommends that
the State party monitor such attitudes and incidents closely and
take appropriate steps to deal with them.

14. The Committee notes with concern the difficulties that immigrants,
primarily those from neighbouring countries, have in meeting
the cost of
obtaining residence papers, and the lengthy and excessively bureaucratic
immigration procedures, and recommends that
the State party take steps to deal
with this, inter alia, by offering advice free of charge. The
Committee recommends, in particular, that the immigration bill currently under
discussion
should include provisions to deal with these problems.

15. The Committee regrets the slow pace of the proceedings relating to the
1992 and 1994 antiSemitic attacks, although it notes that
progress has been
made, and it calls for these proceedings to be completed as soon as
possible.

16. The Committee notes with concern that there have been reports of police
brutality committed on a variety of pretexts, on grounds
of race, colour or
ethnic origin; it therefore recommends that, in the courses and seminars
organized to provide human rights education
for members of the police, armed
forces, immigration and prison officials, particular attention be given to the
dissemination and
implementation of the Convention.

17. The Committee notes that INADI is experiencing difficulties in covering
the entire national territory with regard to receiving
and handling complaints
of racial discrimination, and recommends that steps be taken to address this
situation.

18. The Committee requests that the State party include in its next report
statistical information regarding legal actions carried
out in Argentina against
acts of racism. It also requests information regarding the conclusions of the
Ministry of Justice commission
responsible for adapting domestic laws to
international instruments as regards the Convention.

19. The Committee recommends that the reports of the State party be made
public when they are submitted to the Committee, and that
the concluding
observations of the Committee thereon be widely disseminated.

20. The Committee takes note of the proceedings under way at the level of the
executive organs with a view to formulating the declaration
provided for in
article 14 of the Convention and encourages the State party to complete these
proceedings.

21. The Committee recommends that the State party ratify the amendments to
article 8, paragraph 6, of the Convention which were adopted
on
15 January 1992 at the Fourteenth Meeting of States Parties.

22. The Committee recommends that the State party submit its 16th and 17th
periodic reports jointly with the 18th periodic report
on
4 January 2004, and that it address the points raised in the present
observations.